TAPIA V. SUPERIOR COURT 53 Cal.3d 282 (1991) CASE BRIEF

TAPIA V. SUPERIOR COURT
53 Cal.3d 282 (1991)
NATURE OF THE CASE: This was a dispute over the implementation of Prop 115 in California.
FACTS: Tapia (D) was accused of committing first degree murder no February 12, 1989. Prop. 115 took effect on June 6, 1990. Voir dire had not been started on D's prosecution by that date but the trial judge ruled that he could do the voir dire as mandated under Prop. 115. D objected and petitioned the Court of Appeal for a writ of mandate. That relief was denied. D appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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